EU Rules In Favor Of Compensation If Flight Is Brought Forward

On Tuesday, a European Union court ruled that passengers should be awarded compensation from airlines if their flight is brought forward by more than an hour. The amount will be the same as for flight cancelations and delays. Airlines, who have struggled to compensate passengers during the crisis, have pledged to get better at informing customers of their rights.

EU Rules In Favor Of Compensation If Flight Is Brought Forward
Passengers in the European Union now have the right to compensation if their flight is moved forward by more than an hour, court rules. Photo: Getty Images

All the ad hoc travel restrictions and subsequent fluctuations in demand over the past couple of years have caused airlines to often alter schedules and capacity quite last minute. While this may be understandable up to a point, customers have been none too thrilled about being moved up and down on the slot schedule.

Considered as canceled

On Tuesday, the Court of Justice of the European Union (CJEU) ruled that airlines must now offer compensation to travelers whose flights have been moved forward by more than an hour. In this case, the judges ruled, the flight should be considered canceled.

The EU allows for compensation to passengers of €250 to €600 in the case of cancelation less than 14 days prior to departure or if there is a delay of over three hours. However, airlines are typically permitted to reduce the amount by 50% if they can reroute the passenger they arrive less than a few hours late.

The court’s judges reasoned that if a flight is brought forward by at least an hour, this causes travelers the same inconvenience as if the flight was delayed. Compensation awarded will be the same as for a canceled or delayed departure. However, airlines will not receive the 50% discount with the offer of a reroute.

Austrian Airlines Boeing 777
The CJEU looked at complaints that were referred from courts in Austria and Germany, some relating to the Lufthansa subsidiary and flag carrier Austrian Airlines. Photo: Austrian Airlines

Passed on from Germany and Austria

According to Reuters, the CJEU received the case from courts in Germany and Austria. These had, in turn, received complaints from disgruntled customers of Lufthansa Group’s Austrian Airlines and Eurowings, but also charter specialist Corendon Airlines and Laudamotion, owned by Ryanair.

The EU flight compensation regulations came into effect in 2004. They apply to all passengers departing from any EU/EEA airport, even if the flight is operated by a non-EU airline. If the flight is operated by an EU airline, they are also valid if the service arrives from outside of the EU to an airport within the bloc.

The regulations come into effect when and if a passenger is denied boarding against their will, and as previously mentioned, if the flight is delayed or canceled. For passengers whose flight is delayed they should be offered food and drink. Furthermore, if the flight will not take off until the next day, carriers should provide them with accommodation.

KLM de-ice
Several major airlines, including KLM, have promised to get better at informing customers of their right to compensation. Photo: Getty Images

Pledging to do better

Needless to say, during the early days of COVID, things got a little unpredictable as far as cancellations and compensation go. As a result, sixteen major airlines, including Air France, Alitalia, British Airways, easyJet, Iberia, KLM, Lufthansa, Ryanair, and Vueling, committed in October to improving compensation rights for passengers whose flights were canceled due to the pandemic. They also pledged to get better at informing customers about their rights.

“During the pandemic, airlines have massively violated consumer rights. It’s time to get their picture clear. Many customers across Europe are still waiting for refunds for flights cancelled during the first lockdowns in 2020,” Monique Goyens, CEO of the European Consumer Rights Protection Groups (BEUC), told Euronews at the time.

Have you or do you know anyone who has struggled to receive compensation for cancellations or delays over the past couple of years? Leave a comment below and share your story. 



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